Waivers, Indemnity & Limitation of Liability

1. Assumption of risk

You use the Software at your own risk and accept responsibility for the decisions you take on the basis of it. You are responsible for supervising your users, for the accuracy of the data you load, and for verifying output before you act on it.

2. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Software or these terms is limited to the total subscription fees you paid to us in the 12 months immediately before the event giving rise to the claim.

3. Exclusion of certain losses

To the maximum extent permitted by law we are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, business, goodwill, anticipated savings, or data, however it arises and whether or not we were warned of the possibility.

4. Indemnity by you

You indemnify us against any claim, loss, damage, penalty or cost arising from: your data; your use of the Software; your breach of these terms; your failure to obtain consent from your own customers, drivers or employees; or your breach of any law.

5. Waiver of claims

To the extent permitted by law, you waive any claim against us that is not brought within 12 months of the date you became aware, or should reasonably have become aware, of the facts giving rise to it.

6. Rights that cannot be waived

Nothing in these documents limits or excludes any right you have that cannot lawfully be limited or excluded under South African law — including your rights as a data subject under POPIA, your rights as a consumer under the Consumer Protection Act 68 of 2008, and any right under the Copyright Act 98 of 1978 that cannot be contracted away.

Where any provision of these documents conflicts with such a right, the right prevails and the rest of the document continues to apply.

7. Reasonableness

The limits and exclusions in this document are intended to be reasonable and to reflect the allocation of risk between a software provider and its customer. If a court finds a limit unreasonable or unenforceable, it will be reduced to the minimum extent necessary and the remainder will stand.

8. Severability

If any provision of this document is held to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force.